What is an Internet Shutdown?
Module 3: Access to the Internet
An internet shutdown may be defined as an intentional disruption of internet or electronic communications, rendering them inaccessible or effectively unusable, for a specific population or within a location, often to exert control over the flow of information.(1) In other words, this arises when someone, be it the government or a private sector actor, intentionally disrupts the internet, a telecommunications network or an internet service, arguably to control or curb what people say or do.(2)
This is sometimes also referred to as a ‘kill switch.’ Shutdowns remain a pressing concern:
- In 2022, 187 internet shutdowns access 35 countries were recorded.(3)
- Between January and May 2023, Access Now recorded 80 internet shutdowns in 21 countries.(4)
The scope and scale of a shutdown may vary:
- In some instances, this may entail there being a total network outage, whereby access to the internet is shut down in its entirety.
- In others, it may be access to mobile communications, websites, or social media and messaging applications that are blocked, throttled, or rendered effectively unusable.(5)
- Shutdowns may affect an entire country, specific towns or regions within a country, or even multiple countries, and have been seen to range from several hours to several months.(6)
It should be noted that in order to conduct shutdowns, governments typically require the action of private actors that operate networks or facilitate network traffic.(7)
As noted by the United Nations Special Rapporteur on Freedom of Expression (UNSR on FreeEx), large-scale attacks on network infrastructure committed by private parties, such as distributed denial-of-service (known as ‘DDoS’) attacks, may also have shutdown effects.
Jurisprudence on internet shutdowns
- In a landmark case confirming that internet shutdowns constitute a form of prior restraint and an unjustifiable infringement on freedom of expression, in June 2020, the Economic Community of West African States (ECOWAS) Community Court of Justice (ECOWAS Court) ruled in Amnesty International v. Togo that the internet shutdowns implemented by the Togolese government in 2017 were illegal.(8) In the judgment, the ECOWAS Court held that access to the internet is a “derivative right” as it “enhances the exercise of freedom of expression” and as such is “a right that requires protection of the law.”
- In a similar case in 2022 relating to the blocking of specific content, rather than a wholesale internet shutdown, the ECOWAS Court in SERAP v. Federal Republic of Nigeria considered the government of Nigeria’s banning of social media platform Twitter, underscoring that modern technology has enabled the exchanges of ideas, views, and opinions and thus furthers freedom of expression, and held that access to Twitter is a “derivative right” that is “complementary to the enjoyment of the right to freedom of expression.”(9)
- In 2023, the Colombian Constitutional Court held in Bejarano v. Ministry of Defense that the government had violated the rights to freedom of expression, association and assembly due to their failure to provide petitioners with timely, truthful, and complete information about internet shutdowns during public protests that occurred in 2021.(10) The Court ordered the State to respond publicly on these issues.
- In 2023 the ECOWAS Court held, in Association des Blogueurs de Guinée and Others v The State of Guinea, that States not only have an obligation to not interfere with the right to freedom of expression – they also must adopt all necessary measures to give effect to it.(11) By shutting down the internet amidst protests concerning the President of Guinea’s amendment of the Constitution, the State infringed upon the Applicants’ rights to freedom of expression.
For further information on internet shutdowns, see Module 2: Restricting Access and Content of Media Defence’s Advanced Modules on Digital Rights and Freedom of Expression Online.